Manoj Kumar Singh @ Guddu Singh vs State Of Jharkhand

Earlier application of bail of the appellant was rejected by a coordinate Bench. Since the Bench is not available because of elevation of the Presiding Judge of that Bench and serious health issue of the companion Judge hence, we have taken up this matter.

I.A. No. 6652 of 2023

This is an application for grant of provisional bail (short term bail) filed by the appellant, Manoj Kumar Singh @ Guddu Singh, for the purpose of performing obsequies/funeral rites of his late father, Ram Suresh Singh, who died on 26.07.2023.

It is the case of the appellant that his only brother is not capable of performing the last rites which is a pious duty of a Hindu son.

Learned counsel for the State was directed to take instructions on the last date of listing. He has taken instructions and produced the written instructions issued by the Outpost In-charge, Pandra Outpost, Ranchi, which shows that actually his father has died in the meantime.

In that view of the matter and in view of the fact that the appellant was on bail during course of trial, we are inclined to grant short term provisional bail to the appellant.

Let the appellant, Manoj Kumar Singh @ Guddu Singh, be released on provisional bail for a short term of 21 days upon execution of bail bond of Rs.15,000/- (Rupees Fifteen Thousand) with one surety of the like amount to the satisfaction of the learned trial court/Judicial Commissioner, Ranchi in connection with Sessions Trial No. 618 of 2015, on the condition that the bailer will be his own cousin, as per the submissions made by the learned counsel for the appellant.

It is directed that the appellant shall not leave the jurisdiction of the concerned Police Station without leave of the Court. The violation of the condition may entail in cancellation of the bail.

The appellant is directed to surrender before the court concerned after expiry of 21 days from date of his actual release and would be remanded to serve rest of his sentences. In case the appellant fails to do so, appropriate non-bailable warrant of arrest shall be issued by the learned Judicial Commissioner, Ranchi.

Accordingly, I.A. stands allowed.

Let the order be communicated to the court concerned immediately through ‘FAX’.

Cr. Appeal (DB) No. 257 of 2018

Written instructions shall form part of the record.

List this case immediately as and when directed by the Bench, which is in seisin of the present appeal.